2005 Legislation
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SENATE BILL NO. 1047 – Charter school, dissolution/assets


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Bill Status

S1047..........................................................by SCHROEDER
CHARTER SCHOOLS - Amends existing law relating to dissolution of a charter
school to provide for disposition of assets upon dissolution.
01/21    Senate intro - 1st rdg - to printing
01/24    Rpt prt - to Educ

Bill Text

  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                       IN THE SENATE
                                    SENATE BILL NO. 1047
                                        BY SCHROEDER
  1                                        AN ACT
  4        SCHOOL.
  5    Be It Enacted by the Legislature of the State of Idaho:
  6        SECTION 1.  That Section 33-5209, Idaho Code, be, and the same  is  hereby
  7    amended to read as follows:
  8        33-5209.  ENFORCEMENT  -- REVOCATION -- APPEAL. (1) An authorized charter-
  9    ing entity shall ensure that all public charter schools for  which  it  autho-
 10    rized charters, or for which it has responsibility, operate in accordance with
 11    the  charter  granted.  A  public  charter school or the authorized chartering
 12    entity may enter into negotiations to revise its charter at any time. A public
 13    charter school may petition to revise its charter at any time. The  authorized
 14    chartering  entity's  review of the revised petition shall be limited in scope
 15    solely to the proposed revisions.
 16        (2)  If the authorized chartering entity has reason to  believe  that  the
 17    public charter school has done any of the following, it shall provide the pub-
 18    lic  charter  school  written  notice  of  the defect and provide a reasonable
 19    opportunity to cure the defect:
 20        (a)  Committed a material violation of any condition, standard  or  proce-
 21        dure set forth in the approved charter;
 22        (b)  Failed to substantially meet any of the student educational standards
 23        identified in the approved charter;
 24        (c)  Failed to meet generally accepted accounting standards of fiscal man-
 25        agement;
 26        (d)  Failed to submit required reports to the authorized chartering entity
 27        governing the charter; or
 28        (e)  Violated any provision of law.
 29        (3)  A  charter  may be revoked by the authorized chartering entity if the
 30    public charter school has failed to cure a defect after  receiving  reasonable
 31    notice  and having had a reasonable opportunity to cure the defect. Revocation
 32    may not occur until the public charter school has been afforded a public hear-
 33    ing and a reasonable opportunity to cure the  defect,  unless  the  authorized
 34    chartering  entity  reasonably  determines that the continued operation of the
 35    public charter school presents an imminent public safety issue, in which  case
 36    the  charter may be revoked immediately. Public hearings shall be conducted by
 37    the governing authorized chartering entity, or such other  person  or  persons
 38    appointed  by  the authorized chartering entity to conduct public hearings and
 39    receive evidence as a contested case in accordance with section 67-5242, Idaho
 40    Code. Reasonable notice and opportunity to reply shall include, at a  minimum,
 41    written notice setting out the basis for consideration of revocation, a period
 42    of  not  less than thirty (30) days within which the public charter school can
 43    reply in writing, and a public hearing within thirty (30) days of the  receipt
  1    of the written reply.
  2        (4)  A decision to revoke or not to approve a revision of a charter may be
  3    appealed  directly  to  the  state  board  of  education. With respect to such
  4    appeal, the state board of education shall follow the procedure as provided in
  5    section 33-5207(5)(b), Idaho Code. In the event the state board  of  education
  6    reverses  a  decision of revocation, the public charter school subject to such
  7    action shall then be placed under the chartering authority of the commission.
  8        (5)  Upon dissolution of a charter school, net assets shall be deemed  the
  9    property of the state.

Statement of Purpose / Fiscal Impact

                       STATEMENT OF PURPOSE
                            RS 14701C1

Amends Section 33-5209, Idaho Code, that upon dissolution of a
charter school, the net assets become property of the state.

                           FISCAL NOTE


Name:  Senator Gary Schroeder 
Phone: 208-332-1324

STATEMENT OF PURPOSE/FISCAL NOTE                      S 1047